APPENDIX H – Civil Procedure Code 1908

Civil Procedure Code 1908

 

APPENDIX. APPENDIX H

 

APPENDIX H
MISCELLANEOUS

 

No. 1

Agreement of Parties as to Issues to be Tried

(Order 14, Rule 6)

(Title)

 

Whereas we, the parties in the above suit, are agreed as to the question of fact [or of law] to be decided between us and the point at issue between us is whether a claim founded on a bond, dated the ……… day of……. 19 … and filed as Exhibit………….. in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be):

 

We therefore severally bind ourselves that, upon the finding of the Court in the negative [or affirmative] of such issue,………….. will pay to the said ……. the sum of Rupees………. (or such sum as the Court shall hold to be due thereon), and I, the said ………. will accept the said sum of Rupees……… (or such sum as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [or that upon such finding I, (he said …….. will do or abstain from doing, etc., etc.]

 

…………………………………… Plaintiff.

…………………………………. Defendant.

 

Witnesses:-

1.

2.

 

Dated the……… day of……. 19….

 

No. 2

Notice of Application for the Transfer of a Suit to Another Court for Trial

(Section 24)

 

In the Court of the District Judge of…………………

 

…………………No…….. of 19….,

 

To

Whereas an application, dated the……… day of……. 19 …, has been made to this Court by ………….. the……….. in Suit No…………… of 19……. now pending in the Court of the ………….. at…….. in which ……. is …. plaintiff and ………….. is defendant, for the transfer of the suit for trial to the Court of the ……. at…….

 

You are hereby informed that the ……… day of……. 19 …, has been fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it.

 

Given under my hand and the seal of the Court, this …………. .day of……19….,

 

Judge.

 

1[No.2A

List of Witnesses Proposed to be Called by Plaintiff/Defendant

(Order 16, Rule 1)

 

Name of the party which proposes to call the witness Name and address of the witness Remarks]

 

 

 

1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

 

 

No. 3
Notice or Payment into Court
(Order 24, Rule 2)

(Title)

Take notice that the defendant has paid into Court Rs…….. and says that that sum is sufficient to satisfy the plaintiff’s claim in full. X.Y., Pleader for the defendant. To Z, Pleader for the p
laintiff.

 

No. 4

Notice to Show Cause (General Form)

(Title)

 

To Whereas the above-named………….. has made application to this Court that………… You are hereby warned to appear in this Court in person or by a pleader duly instructed on the ……… day of……. 19 …., at…….O’clock in the forenoon, to show cause against the application, failing wherein, the said application will be heard and determined ex parte. Given under my hand and the seal of the Court, this……… day of……. 19 …. Judge.

 

HIGH COURT AMENDMENT

 

Allahabad.-In Appendix H, for Form No. 4, substitute the following Form, namely:-

 

“No. 4

NOTICE TO SHOW CAUSE (GENERAL FORM)

 

In the Court of……………………………… at ……………………………District.

Civil Suit No. …………….. of …………….. 19…./20-…

Miscellaneous No. ……………………… of ………………… 19…./20….. ]

…………………………………………………………….. resident of Versus …………………………………………………………….. resident of To

 

Whereas the above-named …………………………………. has made application to this Court that ……………………………. you are hereby warned to appear in this Court in person or by a pleader duly instructed on the …………………. day of ……………… 19…./20….,

 

at…………….. O’clock in the forenoon, to show cause against the application failing wherein, the said application will be heard and determined ex parte, and it will be presumed that you consent to be appointed guardian for the suit.

 

GIVEN under my hand and the seal of the Court, this…………… day of ………… 19…../20….

Judge”.

 

No. 5

List of Documents Produced by Plaintiff/Defendant

(Order 13, Rule 1)

(Title)

 

No. Description of document Date, if any which the document bears Signature of party or pleader
1 2 3 4

 

 

 

HIGH COURT AMENDMENT

 

Allahabad.-In Appendix H, for Form No. 5, substitute the following Form, namely:-

 

“No. 5

LIST OF DOCUMENTS PRODUCED BY PLAINTIFF/DEFENDANT

(O. XIII, R. 1)

 

In the Court of …………………. at ………………… District ………… Suit No. …………….. of ……………………… 19…./20…. .

 

……………………………………………………….Plaintiff

Versus

 

………………………………..
……………………..Defendant List of documents produced with the plaint (or at first hearing) on behalf of plaintiff (or defendant). This list was filed by ………………………. this …………… day of …………… 19…./20…. .

 

Serial number Description and date, if any, of the document What became of the document Remarks
1 2 3 4
If brought on the record the exhibit mark put on the document If rejected, date of return to party, and signature of party or pleader to whom the document was returned If it remains on the record after decision of the case and is enclosed in an envelope under rule 24, Chapter III, the date of enclosure in the envelope.

 

Signature of party or pleader producing the list.” (w.e.f. 28-11-1914)

 

No. 6

Notice to Parties of the Day Fixed for Examination of a Witness about to Leave the Jurisdiction (Order 18, Rule 16)

(Title)

 

To …………………………… *Plaintiff (or Defendant) Whereas in the above suit application has been made to the Court by ………….. that the examination of…………… a witness required by the said…………… in the said suit may be taken immediately; and it has been shown to the Court’s satisfaction that the said witness is about to leave the Court’s jurisdiction (or any other good and sufficient cause to be stated): Take notice that the examination of the said witness………….. will be taken by the Court on the……… day of……. 19 …. Dated the………day of……. 19….

 

Judge.

 

No. 7

Commission to Examine Absent Witness

(O.26, Rules 4,18)

(Title)

 

To Whereas the evidence of……. is required by the………….. in the above suit; and whereas …………..; you are requested to take the evidence on interrogatories [or viva voce] of such witness………….. and you are hereby appointed Commissioner for that purpose. The evidence will be taken in the presence of the parties of their agents if in attendance, who will be at liberty to question the witness on the points specified, and you are further requested to make return of such evidence as soon as it may be taken. Process to compel the attendance of the witness will be issued by any Court having jurisdiction on your application.

 

A sum of Rs……… being your fee in the above, is herewith forwarded.

 

Given under my hand and the seal of the Court, this……… day of……. 19 ….

 

Judge.

 

HIGH COURT AMENDMENTS

 

Orissa.-Same as in Patna.

 

Patna.-In Appendix H, in Form 7, at the end, insert the following Note, namely:- “Note.-The Commissioner has power under Chapter X of the Indian Evidence Act to control the examination of witnesses.”

 

No. 8

Letter of Request (O. 26, R. 5)

(Title)

 

(Heading:-To the President and Judges of, etc., etc., or as the case may be.)

 

Whereas a suit is now pending in the………….. in which A. B. is plaintiff and C. D. is defendant; And in the said suit the plaintiff claims. (Abstract of claim.) And whereas it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say E. F., of………………. G.H.of……………… and L. J. of ………………. And it appearing that such witnesses are resident within the jurisdiction of your honourable Court; Now I…………… as the………….. of the said Court, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you, as the President and Judges of the said………. or some one or more of you, will be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon to attend at such time and place as you shall appoint before some one or more of you or such other person as according to the procedure of your Court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice given, attend such examination. And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses to the said Court.

 

(Note-If the request is directed to a Foreign Court, the words “through the Ministry of External Affairs of the Government of India for transmission” should be inserted after the words “other witnesses” in the last line of this form.)

 

No. 9

Commission for a Local Investigation, or to Examine Accounts (O. 26, Rules 9,11)

(Title)

 

To Whereas it is deemed requisite, for the purposes of this suit, that a commission for….. should be issued; You are hereby appointed Commissioner for the purpose of……….. Process to compel the attendance before you of any witnesses, or for the production of any documents whom or which you may desire to examine or inspect, will be issued by any Court have jurisdiction on your application. A sum of Rs…………… being your fee in the above, is here with forwarded.

 

Given under my hand and the seal of the Court, this ……… day of……. 19 ….

 

Judge.

 

No. 10

Commission to Make a Partition (O. 26, R. 13)

(Title)

 

To Whereas it is deemed requisite for the purposes of this suit that a commission should be issued to make the partition or separation of the property specified in, and according to the rights as declared in, be decree of this Court, dated the ……… day of ……. 19 ….; You are hereby appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares set out in the said decree, and to allot suh shares to the* several parties. You are hereby authorized to award sums to be paid to any party by any other party for the purpose of equalizing the value of the shares. Process to compel the attendance before you of any witness or for the production of any documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application. A sum of Rs……………. being your fee in the above, is herewith forwarded.

 

Given under my hand and the seal of the Court, this ……… day of……. 19 ….

 

Judge.

 

1[No. 11

Notice to Certificated, Natural, or, de facto Guardian (Order 32, Rule 3)

(Title)

 

To (Certificated/Natural/de facto Guardian) Whereas an application has been presented on the part of the plaintiff*/on behalf of the minor defendant* in the above suit for the appointment of a guardian for the suit for the minor defendant…………… you (insert the name of the guardian appointed or declared by Court, or natural guardian, or the person in whose care the minor is) are hereby required to take notice that unless you appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express you consent to act as guardian for the suit for the minor, the Court will proceed to appoint some other person to act as a guardian for the minor, for the purposes of the said suit.

 

Given under my hand and the seal of the Court, this ……… day of……. 19 ….,

 

Judge.

* Strike off the words which are not applicable.

 

1. Subs. by Act No. 104 ofl976, for Form 11 (w.e.f. 1-2-1977).

 

HIGH COURT AMENDMENTS

 

Allahabad.-In Appendix H, for Form No. 11, substitute the following Form, namely:- “

 

No. 11

NOTICE TO THE MINOR DEFENDANT AND GUARDIAN

In the Court of …………… at ………………… District …………… Suit No. …………. of …………… 19…./20….. …………………………………………………… Resident of ………………………………….Plaintiff Versus ……………………………………………………. Resident of ………………………………… Defendant To (1) ………….. minor defendant; and (2) Natural guardian …………… certified guardian or the person in whose care the minor is alleged to be. Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of a guardian for the suit to the minor defendant ………….. you the said minor, and you (1) ……………………… na
tural guardian or the certified guardian or the person in whose care the minor is alleged to be are hereby required to take notice that unless within …………… days from the service upon you of this notice, an application is made to this Court to show cause why the person named below should not be appointed or for the appointment of any other person willing to act as guardian for the suit, the Court will proceed to appoint the person named below or some other person to act as the guardian of the minor for the purposes of the said suit. Proposed guardian …………… son of …………… resident of ……………

 

GIVEN under my hand the seal of the Court, this …………… day of …………… 19…./20…. . Judge”.

 

[Vide Notification No. 1543-20-1 (2), dated 27th March, 1926.]

 

[Ed.-This amendment relates to Form No. 11 prior to its amendment made by the Central Act 104 of 1976, sec. 96 {w.e.f. 1-2-1977).]

 

Andhra Pradesh.-Same as in Madras.

 

Bombay.-In Appendix H, for From No. 11, substitute the following Form, namely:- “

 

No. 11

NOTICE TO MINOR DEFENDANT AND GUARDIAN (O. XXXII, r. 3)

(Title)

 

To …………… (Natural Guardian/Legally appointed Guardian/Person taking care of the minor). Whereas an application (as per the annexed copy) has been presented on behalf of the plaintiff in the above suit for the appointment of a guardian for the suit to the minor defendant (here enter the name of the minor defendant)…………… and whereas the plaintiff has proposed in his application that you (here enter the name of the proposed guardian) …………………… should be appointed as such guardian you the said proposed guardian are hereby required to take notice that, unless, you appear before this Court within ………………. days from the service of this notice upon you and express your consent to such appointment or an application is made to this Court to appoint some other person as guardian of the minor for the suit, the Court will proceed to appoint such person as it deems proper as the guardian of the minor for the purposes of the said suit. GIVEN under my hand and the seal of this Court, this …………… day of…………… 19…../20….. Judge”.

 

[Vide PO/102/77, dated 15th September, 1983 (w.e.f. 1-10-1983),]

 

Karnataka.-Same as in Madras,(w.e.f. 30-3-1967)

 

Kerala-In Appendix H, after Form No. 10, insert Form No. 11A as in Madras (ii) with substitution of words “(Name, discription and place of residence of minor defendant/ respondent) for the words” YZ”.

 

Madhya Pradesh.-In Appendix H, for Form No. 11, substitute the following Form, namely:- “

 

No. 11

NOTICE To MINOR DEFENDANT AND GAURDIAN (Or. 32, R. 4A)

(Title)

 

To ……………………………………………………..Minor defendant, …………………………………………………Legally appointed/Actual Guardian ……………………………………………………..Proposed Guardian. Whereas an application has been presented on the part of the plaintiff/on behalf of the minor defendant for the appointment of
you………………..as the guardian for the suit of the minor defendant ………………………(you the said minor) you…………………his legally appointed/ actual guardian and you……………….the proposed guardian for the suit are hereby required to take notice that unless you, the proposed guardian, appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express your consent to your appointment, or unless an application is made to this Court for the appointment of some other person to act as guardian of the minor for the minor for the suit, the Court will proceed to appoint an officer of the Court or a pleader or some other person to act as a guardian to the minor for the purposes of the said suit of which summons in the ordinary form is herewith appended,

 

GIVEN under my hand and the seal of this Court, this……………….. day of…………. 19…../20…..

 

Judge,”

 

Madras.-(i) In Appendix H, for Form No. 11, substitute the following Form, namely:- “

 

No. 11 …

NOTICE TO GUARDIAN APPOINTED OR DECLARED, OR TO FATHER OR OTHER NATURAL GUARDIAN, OR TO THE PERSON IN CHARGE OF THE MINOR [Or. 32, R. 3(5)

] (Title)

 

To ………………. Guardian appointed or declared, or father or other natural guardian, or person in charge of the minor. Whereas an application has been presented on the part of the……………in the above suit for the appointment of a guardian for the suit of said minor, your are hereby required to take notice that, unless within………………….days from the service upon you of this notice an application is made to this Court for the appointment of you or of some friend of the said minor to act as his/her guardian for the purposes of the said suit, the Court will proceed to appoint some other person to act as guardian of the said minor for the purposes of the said. GIVEN under my hand and the seal of the Court, this……………….day of………….. 19……/20…..

 

Judge.”

(ii) After Form 11, insert the following Form, namely:-

 

No. 11A

NOTICE To PROPOSED GUARDIAN OF A MINOR DEPENDENT/RESPONDENT

[Or. 32, r. 3] To (YZ)

 

(Name, description and place of residence of proposed guardian). Take notice that X plaintiff/appellant in……………has presented a petition to the Court praying “that you be appointed guardian ad litem to the minor defendant (s)/respondent (s) and that the same will be heard on the ………….day of ……………19…../20….. 2. The affidavit of X has been filed in support of this application. 3. If you are willing to act as guardian for the said defendant (s)/respondent (s) you are requested to sign (or affix your mark to) the declaration on the back of this notice. 4. In the event of your failure to signify your express consent in the manner indicated above, take further notice that the Court may proceed under Order 32, Rule 3, Code of Civil Procedure, to appoint some other suitable person or one of its officers as guardian ad litem of the minor defendant (s)/ respondent (s) aforesaid. Date this………………day of …………19…../20…..

(Signed)

 

(To be printed on the reverse) I hereby acknowledge re
ceipt of a duplicate of this notice and consent to act as guardian of the minor defendant (s)/respondent (s) therein mentioned. Signature YZ

 

Witnesses

1. …………………….

2. ……………………”

 

(Vide P. Disc. No. 1049 of 1931.]

 

Orissa.-Same as in Patna.

 

Patna.-(a) In Appendix H, for Form No. 11, substitute the following Forms, namely :- “

 

No. 11

NOTICE TO MINOR DEFENDANT AND GUARDIAN OF APPLICATION FOR APPOINTMENT OF THE GUARDIAN TO BE GUARDIAN FOR THE SUIT (O. XXXII, r. 3)

(Title)

 

To …………………………………Minor defendant. Guardian (appointed by authority, or natural or the person in whose care the minor is, as the case may be). Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of you …………… as guardian for the suit to the minor defendant, you the said minor and you …………… are hereby required to take notice that unless within 21 days from the service upon you of this notice you *…………… give your consent to be appointed to act as guardian, the Court will proceed, subject to the decision of any objection that may be raised, to appoint an officer of the Court to act as guardian to you the minor for the said suit. GIVEN under my hand and the seal of the Court, the …………… day of …………… 19…./20….

 

Judge.

* Strike off the words which are not applicable.

 

 

No. 11A

NOTICE TO THE MINOR DEFENDANT AND GUARDIAN OF APPLICATION FOR APPOINTMENT OF ANOTHER PERSON TO BE GUARDIAN FOR THE SUIT

(O. XXXII, r. 3)

 

To ……………………………………………………………………… Minor defendant Guardian (appointed by authority or natural or the person in whose care the minor is). Whereas an application has been presented on the part of the plaintiff in the above suit fox the appointment of…………… as guardian for the suit to the minor defendant, you the said minor and you …………… are hereby required to take notice that unless within 21 days from the service upon you of this notice you ……………. make an application for the appointment of yourself or of some friend of you the minor to act as guardian, the Court will proceed subject to the decision of any objection that may be raised to appoint………….. or an officer of the Court to act as guardian to you the minor for the said suit.

 

GIVEN under my hand and the seal of the Court, this……………….. day of……………. 19…./2G….

 

Judge

 

(a) Here insert the name and description of proposed guardian.

(b) Here insert the name of guardian upon whom the notice is to be served.

c) Here insert the name of proposed guardian.

 

No. 11B

NOTICE TO THE PROPOSED GUARDIAN FOR THE MINOR DEFENDANT WHEN THE PERSON PROPOSED IS NOT THE GUARDIAN APPOINTED BY AUTHORITY OR THE NATURAL GUARDIAN OR THE PERSON IN WHOSE CARE THE MINOR IS

(O. XXXII, r. 4)

(Title)

 

District…………………. In the Court of …………………. at ………………… Suit No……………… of 19…./20…. . ………………………………………………………………………. Plaintiff versus ………………………………………………………………………. Defendant To ………………………………………………………….. proposed guardian Whereas an application has been presented by-the plaintiff in the above case for the appointment of you …………… as guardian for the suit to the minor defendant, you are hereby required to take notice that unless within …………… days from the service upon you of this notice you make an application to the Court intimating your consent to act as guardian for the suit, the Court will proceed to appoint some other person to act as a guardian to the minor for the purposes of the said suit. Given under my hand and the seal of the Court, this…………….day of ………… 19…./20…. .

Judge”

 

No. 11A

Notice to Minor Defendant (Order 32, Rule 3)

(Title)

 

To …………………….Minor Defendant. Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of……. *as guardian for the suit for you, the minor defendant, you are hereby required to take notice to appear in this Court in person on the ……. day of……. 19 …., at……. O’clock in the forenoon to show cause against the application, failing which the said application will be heard and determined ex pane. Given under my hand and the seal of the Court, this ……… day of……. 19 …. Judge.]

 

Strike off the words which are not applicable.

 

No. 12

Notice to Opposite Party of Day Fixed for Hearing Evidence of Pauperism (O. 33, R. 6)

(Title)

 

To Whereas ……………………….. has applied to this Court for permission to institute a suit against……. in forma pauperis under Order XXXIII of the Code of Civil Procedure, 1908; and whereas the Court sees no reason to reject the application; and whereas the……… day of……. 19…. has been fixed for receiving such evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may be adduced in disproof thereof: Notice is hereby given to you under rule 6 of Order XXXIII that in case you may wish to offer any evidence to disprove the pauperism of the applicant, you may do so on appearing in this Court on the said ……. day of……. 19 …. Given under my hand and the seal of the Court, this ………. day of……….. 19..

Judge.

 

HIGH COURT AMENDMENT

 

Karnataka.-In Appendix H, after Form No. 12, insert the following Form, namely :-

 

No 12A

COMMON FORM OF NOTICE IN INTERLOCUTORY APPLICATION UNDER ORDER XXXVIII, F THE CODE OF CIVIL PROCEDURE, 1908

(Title)

 

Take notice that the plaintiff/appellant/defendant/respondent above-named has made an application to the Court under …………… (Prov
ision of law) praying that …………… (set out the prayer in full) and that the pleader on behalf of the applicant will move the Court for an urgent/interim order an ………… (date) at ……….. (time) …………… or that the Court on being moved for an interim order has on …………… (date) made such order directing ……………. (here enter the exact terms of the interim order) and has further directed that the application be posted for further orders on ………………… (date) ……………… after notice to you. You are required to appear either in person or through pleader on the said date to show cause against the application being granted …………….. as prayed for. Please note that in default of your appearing and showing cause as aforesaid, the application will be proceeded with in your absence. The affidavit/memorandum of facts by ……………. has been filed in support of the application, and a true copy thereof together with a true copy of the application is annexed hereto. : Dated this ……………. day of ……………….. 19…./20…. –

Pleader of applicant “.

 

[Vide ROC No. 2526/1959, dated 9th February, 1967.]

 

No. 13

Notice to Surety of his Liability Under a Decree (Section 145)

(Title)

 

To Whereas you ………….. did on ………….. become liable as surety for the performance of any decree which might be passed against the said………….. defendant in the above suit; and whereas a decree was passed on the ……… day of……. 19…. against the said defendant for the payment of………. and whereas application has been made for execution of the said decree against you : Take notice that you are hereby required on or before the …………… day of ……. …. 19……. to show cause why the said decree should not be executed against you, and if no sufficient cause shall be, within the time specified, shown to the satisfaction of the Court, an order for its execution will be forthwith issued in the terms of the said application. Given under my hand and the seal of the Court, this…. ……….. day of…….19….. Judge.

 

No. 14

Register of Civil Suits

(O.4, R. 2)

 

 

Court of the ……………………….. of………………at ……………………………………….. Register of Civil Suits in the year 19 ……………..

 

 

Table

 

Note-Where there are numerous plaintiff, or numerous defendants, the name of the first plaintiff only, or the first defendant only, as the case may be, need be entered in the register.

 

HIGH COURTS AMENDMENTS

 

Allahabad.-In appendix H, in Form No. 14, at the end, for the Note, substitute the following Note, namely:- “Note.-Where there are numerous plaintiffs of numerous dependants, the names of all the plaintiffs of all the defendants as the case may be, should be entered in the register.”

 

Andhra Pradesh.-Same as in Madras. Bombay.-(i) In Appendix H, in Form No. 14,-

 

(a) each of the columns of Register of Civil Suits shall be numbered as columns (1) to (10);

 

(b) in column 5 as so renumbered, under the heading “claim”, in sub-column, for the word “Particulars”, substitute the words “Nature of suit and particulars of relief”;

 

(c) in column 6 as so renumbered, under the heading “Appearance”, in sub-columns “Day for parties to appear”, “Plaintiff” and “Defendant”, substitute the following namely:-

 

“The first returnable date when the defendant is called upon to appear”, (w.e.f. 31-12-1987)

 

(ii) For the existing Note substitute the following, note, namely:-

 

“Note.-Where there are numerous plaintiffs or numerous defendants, the names of all the palintiffs or all the defendants, as the case may be, should be entered in the register.” (w.e.f. 1-10-1983)

 

Calcutta.-In Appendix H, in Form No. 14- (i) for Column Nos. 20 to 27, substitute the following columns, namely:-

 

Table

 

(ii) For the existing note, substitute the following notes, namely:-

 

“Note 1.-When there are numerous plaintiffs or numerous defendants, the name of the first plaintiff only, on the first defendant only, as the case may be, need be entered in Register with a note of the total number of parties impleaded, e.g., A.B. and seven others.

 

Note 2.-In column 9 enter facts constituting the cause of action and particulars required by Order 7, rule 1, clauses (g) and (h) and also the value of the suit for the purpose of jurisdiction as required by clause (i) of that rule.

 

Note 3.-In column 12 shall be entered the first date of hearing of the suit and in columns 13 and 14 the names of the pleaders or vakils or advocates of the parties.

 

Note 4.-In column 16 should be indicated whether the decision was ex parts, on compromise or on contest against all or any of the defendants.

 

Note 5.-In columns 18 and 19 should also be the number and year of the appeal, the name of the Appellate Court and not only the particulars of the order on first appeal but the particulars of the order on second appeal or revision, if any.

 

Note 6.-Cases remanded under order 41, rule 23 or restored to file under Order 9, rule 4 or rule 13 will be re-admitted and entered in the Register in the their Original Numbers. In each case the Setter “R” will be affixed to the number to be entered in column 2 and the date of restoration to file will be noted in column 1.

 

Note 7.-Cases under the Religious Endowments Act, 1863, under sections 88 and 92, Order 21, rule 99, Order 36, rule 3 and Schedule II, Paragraphs 17 and 20, Civil Procedure (now the reference to Schedule II will be constructed as references to the appropriate provisions of the Indian Arbitration Act (X of 1940) which has repealed Schedule II) and references made under section 5 of the Bengal Alluvial Lands Act, 1920, must be registered as suits.

 

Note 8.-A note should be made of all parties brought on or struck off the record under Order 1, or Order 22, Civil Procedure Code, or of any alteration in the appointment of guardian ad [item and also of any withdrawal of the claim or a portion of the claim against any of the defendants.

 

Note 9.-Any amendment or alteration made during the progress of the suit in the value or particulars of the claim or as to the date or place or clause of action should appear in column 9.

 

Not
e 10
.-Courts to which suits are transferred should not be old members and the dates of institution in the suit registered within brackets.

 

Note 11.-When the Court of execution is other than the Court which passed the decree, the name of the executing Court should be entered in column 20.

 

Note 12.-In column 22 the date of the final order is to be entered.

 

Note 13.-In column 26 the particulars and the date of adjustment, or

satisfaction otherwise than by execution should be entered.

 

Note 14.-In column 33 should be entered the order in appeals, revisions or under section 144, Civil Procedure Code, with date and name of Court.

 

Note 15.-The entries in this register shall be made contemporaneously with the passing the orders during the progress of the suits or subsequent proceeding, if any, and not after their final disposal.

 

Separate Registers in this form have been prescribed for Title Suits and Money and Moveable Suits “[(R) l(i) and (R) l(ii)”-

 

Note.-Where there are numerous plaintiffs or numerous defendants the first plaintiff only or the first defendant only, as the case may be,

Guahati.-Same as in Calcutta.

 

Madras.-In Appendix H, omit Form No. 14.

 

Orissa.-Same as in Patna.

 

Patna.-In Appendix H, for Form No. 14 the following Form, namely:-

 

“No. 14
REGISTER OF CIVIL SUITS

Court of the……………………. of ……………………… at ………………………

Register of Civil Suits in the year 19…./20..

 

 

Table

 

 

Table

 

 

 

Note 1.-Where there are numerous plaintiffs or numerous defendants, the name of the first plaintiff only, the first defendants only, as the case may be, need entered in the register.

 

Note 2.-Case remanded by appellate Court to lower court under Order XLI, Rule 23, Civil Produce Code, will be readmitted and entered in the general register of suit under their original numbers. In each cash the letter R will be affixed to the number to be entered in column 2.

 

Note 3.-In column 14 should be indicated whether the decision was ex parts, on compromise or on context against all or any of the defendants.

 

Note 4.-When the Court of execution is other than the Court which passed the decree, the name of the executing Court should be given in column 20.”

 

No. 15

Register of Appeals

(O.41.R.9)

 

Court (or High Court) at

 

Register of Appeals from Decrees in the year…………

 

table

 

 

HIGH COURT AMENDMENTS

 

Bombay.-In Appendix H, in Form No. 15, in- the Register of Appeals,-

(i) each of the columns shall be numbered as (1) to (7);

 

(ii) in column 3 so re-numbered, under the heading “Decree appealed from”, for sub-column “Particulars”, substitute the words “Nature of the orig
inal suit and particulars of relief therein”;

 

(iii) in column 4 so re-numbered, under the heading “Appearance” for all the sub-columns, substitute the sub-column “The first returnable date when the respondent is called upon to appear”, (w.e.f. 9-12-1987)

 

Allahabad.-In Appendix H, after Form No. 15, insert the following Forms, namely :-

 

“No. 16

 

The security to be furnished under Order XXV, rule 1,

shall be, as nearly as may be, by bond in the following form:

 

In the Court of …………… at …………… at ……………

Suit No. …………….. of ……… 19…./20…. .

…………………………………………………………….. Plaintiff

 

Versus

……………………………………………………………… Defendant

 

Whereas a suit has been instituted in the said Court by the said plaintiff …………… to recover from the said defendant………….. the sum of rupees……….. and the said plaintiff ……… is residing out of British India (or is a woman) and does not possess any sufficient immovable property within British India independent of the property in the suit:

 

Therefore, I, inhabitant of …………… have voluntarily become security, and do hereby bind myself, my heirs and executors, to …………… as Judge of the said Court and to his successors in office that the said plaintiff…………….. his heirs and executors, …………… shall, …………… whenever called on by the said Court, pay all costs that may have been or may be incurred by the said defendant, …………… in the said suit, and in default of such payment, I bind myself, my heirs and executors, to pay all such costs to the said Court on its order. Witness my hand at ………… this ……………. day of ……… 19…./20…. .

 

(Signed)

Surety

 

Witness:

 

No. 17
ADDRESS FOR SERVICE

 

(Under Order W, rules 19 to 26: Order VIII, rules 11 and 12; Order XLI, rule 38: Order XLVI, rule 8; Order XLVII, rule 10; Order LII, rule 1)

 

IN THE COURT OF THE …………….. OF ……….
Original Suit/or Case No. ………….. of 19…./20,… .

…………………………………………………….. Plaintiff

Versus
…………………………………………………….. Defendant

 

The address shall be within the local limits of the District Court within which the suit is filed, or of the District Court within which the party ordinarily resides, if within limits of the Uttar Pradesh, but not within the limits of any other Province:

 

Name, parentage and caste Residence Pargana or Tahsil Post Officer District
         

 

Dated ……………..

Any summons, notice or process in the case may, hence forward, be issued to me at the above address until I file notice of change. If this address is changed I shall forthwith file a Uttar Pradesh notice of change containing all the new particulars.

 

Plaintiff.
Defendants.

Appellant.
Respondent.
Signature of party

Or

 

I file the above address according to the instructions given by my client (name) ……….. (and capacity).

 

Signature of Pleader

 

N.B.-This form when received by the Court must be stamped with the date of its receipts and filed with the record of the pending suit or matter.

 

No. 18
NOTICE OF CHANGE OF FOR SERVICE

 

Under Order VII, rules 19-26; Order VIII, rules 11 and 12; Order XLI; rule 38; Order XLVI, rule 8; Order XLVII, rule 10; Order LII, rule 1.

 

IN THE COURT OF THE ……… OF ………………………….

Original Suit/or Case No. ………….. of 19…./20….

…………………………………………………. Plaintiff

Versus
…………………………………………………. Defendant

 

This address shall be within the local limits of the District Court within which the suit is filed, or of the District Court within which the party ordinarily resides, if within the limits of the Uttar Pradesh, but within the limits of any other Province:

 

Name, parentage and caste Residence Pargana or Tahsil Post Officer District
         

 

Dated ………….

 

Any summons, notice, or process in the case may, hence forward, be issued to me at the above address until I file notice of change. If this address is again charged I shall forthwith file a notice of change containing all the new particulars.

 

Plaintiff.
Defendants.
Appellant.
Respondent.
Signature or party

Or

 

I file the above address according to the instructions given by my client (name) …………… (and capacity)……………

 

Signature of pleader.

 

N. B.-This form when received by the Court must be stamped with the date of its receipt and filed with the record of the pending suit or matter.

 

No. 19
VAKALATNAMA

 

In the Court ……………….. Suit/Miscellaneous case/Civil Appeal/Execution Case No, ………………. of 19…./20….,

 

fixed for Plaintiff/Appellant/Applicant/D.H………….

 

Defendant/ Respondent/Opposite Party/ J.D. Vakalamama of Plaintiff/Appellant Applicant/ D.H./ Defendant/Respondent/Opposite Party/J.D,

 

In the case noted above Sri…………. each of Sarvasri………. Advocate, is hereby appointed as counsel, to appeals, plead and act on behalf of the undersigned, in any manner, he thinks it proper, either himself or through any other Advocate, and in particular to do the following, namely,-

 

To receive any process of Court (including any notice from any appellate or revisional Court), to file any applications, petitions or pleadings, to file, produce or receive back any documents, to withdraw or compromise the proceedings, to refer any matter to arbitration, to deposit or withdraw any moneys, co execute any decree or order, to certify payment, and receive any money due under such decree or order.

 

The undersigned should be bound by all whatsoever may be done in the aforesaid case (including any appeal or revision therefrom) for and on behalf of the undersigned by any of the said counsel.

 

Signature…………

Name in full………

Date……………..

Attesting Witness:

Name in full……………

Address………………..

Date…………………..

 

Accepted/Accepted on the strength of the signature of the attesting witnesses.”

 

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Civil Procedure Code 1908

 

Indian Laws – Bare Acts

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